Flynn v. Allis Chalmers Corp.
Appellate Court of Illinois
1Opinion of the CourtJustice Doyle
Plaintiffs, John Flynn and Carolyn Flynn, appeal the circuit court’s order dismissing their complaint against defendant, Allis Chalmers Corporation (Allis Chalmers). The court dismissed the complaint on the ground that it was the second refiling of a dismissed action, which is prohibited by section 13 — 217 of the Code of Civil Procedure (735 ILCS 5/13 — 217 (West 1992)). Plaintiffs contend that the court should not have dismissed the complaint because they refiled the action only once, and a previous complaint filed against a different corporate defendant should not bar the present action.
Thr…
2Cases cited6 opinions
- In Re Rehabilitation of Centaur Ins. Co.Illinois Supreme Court · 1994
- Flesner v. Youngs Development Co.Illinois Supreme Court · 1991
- Garbe Iron Works, Inc. v. PriesterIllinois Supreme Court · 1983
- Peoples Energy Corp. v. Illinois Commerce CommissionAppellate Court of Illinois · 1986
- Logal v. Inland Steel Industries, Inc.Appellate Court of Illinois · 1991
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- Wachovia Securities, LLC v. Loop CorporationCourt of Appeals for the Seventh Circuit · 2013
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